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Spokane, Washington  Est. May 19, 1883

Washington House committee likely to vote next week on bill that could block anti-camping rules

The remnants of a homeless camp Oct. 18 at a parking lot on the southeast corner of Spokane Falls Boulevard and Division Street.  (Jonathan Brunt/The Spokesman-Review)

OLYMPIA – A legislative committee likely still will consider a bill to restrict cities from enforcing anti-camping ordinances after a vote was delayed Monday.

The legislation, which was scheduled for a vote in the House Housing Committee Tuesday afternoon, was taken off of the committee’s agenda late Monday morning. A new date had not been scheduled as of Tuesday afternoon. The bill is not on the committee’s agenda for its Thursday meeting.

As drafted, the bill would prohibit regulations adopted by cities, towns, counties and other jurisdictions to restrict outdoor camping, sleeping and other “life-sustaining activities” from being enforced if “adequate alternative shelter space is not available.”

The legislation would allow someone who receives a citation to say their action was “life sustaining” and that a shelter bed was not available.

The bill says the protections must be “liberally construed to protect the constitutional and human rights of all individuals engaged in life sustaining activities when adequate alternative shelter space is unavailable.”

A state analysis of the bill shows it would not have a financial impact on the state. Local officials, though, say it would cost them a considerable amount to build the needed shelter beds.

State lawmakers considered similar legislation last year, though that bill would have required the regulations to be “objectively reasonable for the time, place, and manner.” The bill also would have allowed people to sue cities or counties that did not meet this threshold. It died in the committee last year without a vote.

The bill is sponsored by state Rep. Mia Gregerson, D-SeaTac, and cosponsored by 24 other Democratic members of the House of Representatives, including Spokane Democratic Reps. Timm Ormsby and Natasha Hill.

During a Jan. 20 committee hearing, Gregerson said the proposal was “about creating statewide standards, and it’s about putting people first.”

“We currently have a patchwork of proposals that span from a range of do-nothing to displacement, enforcement and even, at times, punishment,” Gregerson said during her testimony. “This bill seeks to create a floor, with clear, consistent statewide standards, on public property for those who have no other place to survive.”

House Majority Leader Joe Fitzgibbon, D-Seattle, said it’s “a lot of complex issue with a lot of intensity.”

“It’s certainly got a lot of interest from communities across the state,” House Majority Leader Joe Fitzgibbon, D-Seattle, said.

State Rep. Monica Stonier, D-Vancouver, expressed a similar sentiment, saying Tuesday there “has been a lot of interest” in the legislation.

“I’ve had a lot of emails from Vancouver on that bill, with some competing interests, so I’d imagine there’s some discussion happening before they move it out,” Stonier said.

State Rep. April Connors, R-Kennewick, a member of the House Housing Committee, said it’s her “understanding” that the bill will be up for a vote in committee next week.

She said she and her Republican colleagues are “preparing more amendments that will help make clarifications on the bill for our cities.”

Connors said the proposal has “a lot of cities concerned.”

“We’ve had letters from all over Washington state. Cities are very, very worried about how this will be implemented, how many beds are available, how they’re going to keep their parks and communities safe,” Connors said. “As well as, they’re really worried about the ability for anyone who is unhoused or homeless to be able to sue the cities if they are moved incorrectly by local officials.”

The delay follows pushback the bill received following the committee hearing last week. Both the Association of Washington Cities and the Spokane Business Association were among the organizations that objected to the proposal.

In October, the Spokane City Council unanimously adopted the “Safe and Accessible Spokane” ordinance, which toughened laws that prohibit people from sleeping in public or sitting on the sidewalk. Under the ordinance, the Spokane Police Department is authorized to offer assistance, issue citations or both.

Spokane City Councilman Paul Dillon said in an interview Monday that “it’s still hard to tell” what impact the legislation would have in Spokane because of the vague definition of “lifesaving activity.”

“I do think, at the end of the day, these decisions are best made by local city electeds who were elected to govern cities,” Dillon said. “The ordinance that we did pass for the city of Spokane is really focused on outreach and engagement.”